KRS 324B.045: Division of Real Property Boards -- Permissible functions -- Duties of

director and secretary.

(1) (a) The Division of Real Property Boards is hereby created within the

Department of Professional Licensing and shall include the:

1. Kentucky Board of Home Inspectors, established under KRS 198B.704;

and

2. Board of Auctioneers, established under KRS 330.050.

(b) The Division of Real Property Boards shall be managed by a director, who

shall be appointed by the secretary of the Public Protect ion Cabinet with prior

written approval of the Governor. The director shall be exempted from the

classified service.

(c) The Division of Real Property Boards may:

1. Provide appropriate attorneys, personnel staffing, and administrative

support to the real property boards identified in paragraph (a) of this

subsection;

2. Establish and maintain an office, meeting space, office supplies,

furniture, storage space, and any other supplies that are necessary to

carry out the duties of the Division of Real Propert y Boards and the real

property boards identified in paragraph (a) of this subsection;

3. Make available for public inspection all decisions, opinions, and

interpretations formulated or used by the division and the real property

boards identified in paragra ph (a) of this subsection in discharging their

functions;

4. Publicize the functions and purposes of the Division of Real Property

Boards and the real property boards identified in paragraph (a) of this

subsection;

5. Employ administrative coordinators who shall carry out the

administrative functions and day -to-day operations of the real property

boards identified in paragraph (a) of this subsection. The maximum

number of administrative coordinators shall be one (1) for each real

property board. These administrative coordinators shall be exempted

from the classified service; and

6. Enter into agreements with any state agency, political subdivision of the

state, postsecondary education institution, or other person or entity to

assist with implementation of the duties and responsibilities of the

Division of Real Propert y Boards or, upon request, the real property

boards identified in paragraph (a) of this subsection.

(2) The director of the Division of Real Property Boards shall:

(a) Provide oversight of the Division of Real Property Boards;

(b) Review and provide feedba ck on any administrative regulation proposed by

any of the boards within the Division of Real Property Boards prior to the

promulgation of the administrative regulation;

(c) Review and provide feedback on the budgets and expenditures of the boards

within the Division of Real Property Boards;

(d) Submit written recommendations to the secretary of the Public Protection

Cabinet concerning sufficient staffing needs and relevant experience

necessary to assist in carrying out the mission and function of the Divis ion of

Real Property Boards;

(e) Pursuant to KRS 13B.120(7), automatically hear and issue a final order

regarding any decision of a real property board that would otherwise be

subject to appeal. An aggrieved party may appeal a final order of the director

pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the

order to the Circuit Court of the county where the party has his or her

principal place of business or where the party resides;

(f) Make available for public inspection all decisi ons, opinions, and

interpretations formulated or used by the director in discharging his or her

functions;

(g) Carry out the applicable policy and program directives of the department;

(h) Prepare annual reports on the director's activities;

(i) Delegate any power to employees and contractors as needed;

(j) Have a minimum of seven (7) years of experience in the real estate industry

within the last fifteen (15) years; and

(k) Perform all other duties assigned by law.

(3) The secretary of the Public Protection Cabinet shall:

(a) Consider the staffing recommendations and requests submitted by the director

of the Division of Real Property Boards; and

(b) Provide the Division of Real Property Boards with documentation showing

the income and expenditures of all license fees.